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Donovan: HUD to make final LGBT housing rule ‘next week’

Secretary declares no one should be ‘denied access to housing assistance’ for being LGBT

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Secretary of Housing & Urban Development Shaun Donovan (Washington Blade photo by Michael Key)

BALTIMORE ā€” Secretary of Housing & Urban Development Shaun Donovan officially announced on Saturday his department will make final “next week” a proposed rule to protect LGBT people against discrimination in federal housing programs.

“I am proud to announce a new Equal Access to Housing Rule that says clearly and unequivocally that LGBT individuals and couples have the right to live where they choose,” Donovan said. “This is an idea whose time has come.”

The secretary made the announcement during his speech at the 24th annual Creating Change conference at the Hilton Baltimore. He’s the first Cabinet secretary to speak at a Creating Change conference, which are hosted by the National Gay & Lesbian Task Force.

According to Donovan, after the rule is published in the Federal Register, it will go into effect following a 30-day waiting period.

The rule, first proposed in January, will cover programs serving an estimated 5.5 million Americans, including those living in low-income subsidized housing.

The measure clarifies ā€œfamiliesā€ otherwise eligible for HUD programs canā€™t be excluded because one or more members of the family is LGBT, in a same-sex relationship, or is perceived to be such an individual or in such a relationship.

It also prohibits owners and operators of HUD-assisted housing or housing whose financing is insured by HUD from inquiring about the sexual orientation or gender identity of an applicant or occupant of a dwelling, whether renter or owner-occupied.

The measure also has a bearing onĀ mortgage insurance programs.Ā It prohibits lenders from using LGBT status as a basis to determine a borrowerā€™s eligibility for Federal Housing Administration-insured mortgage financing.

Prior to the announcing the development, Donovan told the story of couple, Mitch and Michelle DeShane,Ā whom he said faced discrimination under the current lack of federal protections in housing. Donovan said two years ago Michelle wanted to add Mitch, a transgender man,Ā to the voucher she receives for affordable housing.

But Donovan said the local housing authority denied the request because the couple didn’t meet its definition of family.

“Then, the DeShanes were referred to a neighboring housing authority ā€“ because, as they were apparently told, and I quote, that housing authority, ‘accepts everyone ā€“ even Martians,'” Donovan said.

“Thatā€™s just wrong,” Donovan concluded. “No one should be subject to that kind of treatment or denied access to housing assistance because of their sexual orientation or gender identity.”

The Washington Blade first reported Donovan would make an announcement about the rule during his speech at the Creating Change. Sources told the Blade the measure would be published in the Federal Register on Monday. A HUD official, speaking on condition of anonymity, said later the rule would be published next week, but a day for when it will be published hasn’t yet been set.

Donovan said the publication of the rule “wonā€™t be the end of the process” and his department will undertake further steps to ensure training and education happen to implement the measure.

“HUD and its fair housing partners will work to provide guidance and training on the substance of this rule ā€“ and the impact it will have for both how we administer HUD programs and also how we enforce our nationā€™s fair housing laws more broadly,” Donovan said.

LGBT groups, whom Donovan credited with providing feedback for the rule when the department solicited comments, praised HUD for making it final.

Rea Carey, the Task Force’s executive director, said the measure “will literally save lives” because many LGBT people “depend on HUD programs to have a roof over their head.”

“Unfortunately, there are landlords out there who would choose to discriminate, putting families in peril,ā€ Carey said. ā€œThese housing protections will reduce homelessness and increase economic security for LGBT people, which helps break the cycle of poverty that many families experience due to discrimination.ā€

Joe Solmonese, president of the Human Rights Campaign, said the change will help LGBT people “in one of the most fundamental aspects of life ā€” finding and keeping a home.”

“This common sense action will help some of the most vulnerable people in our community in trying to make homes for themselves and their families,” Solmonese said.

Harper Jean Tobin, the National Center for Transgender Equality’s policy counsel, said the development “a major and urgently needed advancement in basic protections for transgender people” and called on other departments in the Obama administration to follow suit.

“NCTE is calling on other federal departments to follow HUD’s common-sense approach and use existing legal authority to prohibit discrimination against LGBT people in the programs they fund and administer,” Tobin said.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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